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R18-0191 2 3 4 5 6 7 8 9 10 11� 12' 13 141 15I 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R18 -019 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY -BACK OF A UNIVERSITY OF FLORIDA MEMORANDUM OF UNDERSTANDING FOR THE PURCHASE OF AN ATOMIC ABSORPTION SPECTROPHOTOMETER WITH THE SAME TERMS, CONDITIONS, SPECIFICATIONS AND PRICING IN THE AMOUNT OF $65,120.72; AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH PERKIN ELMER HEALTH SCIENCES, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the procurement process of the University of Florida meets or exceeds that of the City of Boynton Beach's requirements; and WHEREAS, upon recommendation of staff, it is the City's desire to piggy -back a University of Florida Memorandum of Understanding for the purchase of an Atomic Absorption Spectrophotometer with the same terms, conditions, specifications and pricing in the amount of $65,120.72. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the piggy -back of a University of Florida Memorandum of Understanding for the purchase of an Atomic Absorption Spectrophotometer with the same terms, conditions, specifications and pricing in the amount of $65,120.72. C:\ Users\ Stanzionet\Appdata\Local\Microsoft \Windows \Temporary Internet Files \Content.IE5 \52FYTEOE \Piggy- Back_(Perkinelmer)_- _Reso.Doc CONTRACT This Contract is made as of this c day of riq / , 2018 by and between PERKINELMER HEALTH SCIENCES, INC ., a foreign corporation authorized to do business in the State of Florida, with offices at 710 Bridgeport Avenue, Shelton, CT '06484-4794 ("PerkinElmer"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, the Utilities Department is in need of replacing the currently used Atomic Absorption Spectrophotometer which was obtained in 2006 and is difficult to get the necessary parts to keep it operational; and WHEREAS, the City is utilizing the University of Florida Memorandum of Understanding with PerkinElmer to Specialty Lab Supplies for an Atomic Absorption Spectrophotometer in the amount of$65,120.72; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Contract. Section 2. The City and PerkinElmer agree that PerkinElmer shall provide an Atomic Absorption Spectrophtometer in the amount of $65,120.72 based on the University of Florida Memorandum of Understanding with PerkinElmer Health Sciences, Inc, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to University of Florida shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010/Facsimile: (561)742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody& Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Page 1 S:\CA\AGMTS\Piggyback -PerkinElmer-(Atomic Absorption Spectrophotometer)(rev per PE).doc Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The venue of any action taken to enforce this Contract shall be in Palm Beach County, Florida and this Contract shall be interpreted under the laws of the State of Florida. Section 3. In the event the University of Florida Memorandum of Understanding is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 5. In all other aspects, the terms and conditions of the University of Florida, Memorandum of Understanding are hereby ratified and shall remain in full force and effect under this Memorandum of Understanding, as provided by their terms. Page 2 S:\CA\AGMTS\Piggyback -PerkinElmer-(Atomic Absorption Spectrophotometer)(rev per PE).doc IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: - By: i" Xile/f- Lori LaVerriere, City Manager Judith . Pyle, CMC, Ci Clerk APPROV AS r 0 FORM: James . Cherof, C'.y • orney PERKINELMER HEALTH SCIENCES, INC .Aiii A TNESSES: e B 1 .�' rint i>11 -: !,A viri'€. ATTEST: Ace,e,p. a a, iA CORPORATE SECRETARY Page 3 S:\CA\AGMTS\Piggyback -PerkinElmer-(Atomic Absorption Spectrophotometer)(rev per PE).doc EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN UNIVERSITY OF FLORIDA AND PERKINELMER Page 4 S:\CA\AGMTS\Piggyback -PerkinElmer-(Atomic Absorption Spectrophotometer)(rev per PE).doc 30 31 32 33 34' 35 36 371 381 39', 401 41 42; 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Section 3. The City Manager is hereby authorized to sign a contract with PerkinElmer Health Sciences, Inc, a copy of which is attached hereto as Exhibit "A ". Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 6 day of February, 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant .— Vice Mayor — Justin Katz 3— Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello r/ VOTE ' ATTEST: Judi A. Pyle, CMC Ci lerk (Corporate Seal) C:\ Users\ Stanzionet \Appdata\Local\Microsoft \Windows \Temporary Intemet Files \Content.IES \52FYTEOE \Piggy- Back_(Perkinelmer)_- _Reso.Doc